Our Attorneys Pursue Asthma Disability Benefits on Denied Claims
If your asthma condition affects your ability to work, you may qualify for disability benefits through the group long term disability (LTD) insurance policy you bought at work, a private LTD disability insurance policy, the Social Security Administration (SSA) or from the Veterans Administration.
Asthma is a type of chronic obstructive lung disease (COPD) with the potential to be an intensely disabling condition. Asthma causes the sufferer’s airways to become swollen and sensitive, as the muscles surrounding their airways tighten and fill with mucus. People who suffer from this incurable disease often compare the symptoms as similar to suffocation. Their condition forces them to endure extreme shortness of breath, wheezing, coughing and tightness in the chest.
Marc Whitehead & Associates has helped thousands of individuals who have had their asthma related LTD claims unfairly denied by the SSA, VA or private insurance company. Our asthma disability attorneys understand that your asthma condition has debilitating symptoms beyond just breathing problems and how these symptoms negatively impact your ability to work. We provide invaluable support to our clients through the entire LTD benefits appeal process, from gathering the medical records and other evidence that supports your claim of an asthma related disability, to arguing your case in front of a Federal judge.
LTD Insurance Claims for Asthma Disability
This happens to a lot of our clients: their asthma condition has disabled them to the point they can no longer work. Their doctors agreed and recommended they file a claim for long term disability (LTD) benefits either through their employer. They apply for benefits only to have their claim denied.
Their claim isn’t denied because they don’t deserve or need those LTD benefits. The insurance providers routinely search for every possible angle – both technical and legal – that will enable them to deny or delay a legitimate claim. They hope the applicant will become discouraged and give up. One of the insurance company’s favorite moves is to assert your asthma is a pre-existing condition.
This is where the services of a skilled LTD disability benefits lawyer can be critical to your case. Often, a careful review of the policy will reveal that you are, in fact, disabled under the terms of the insurance policy. Our disability attorneys excel in challenging insurers who do not live up to their end of the contract.
Don’t lose out on LTD insurance benefits when you need them the most – contact the law offices of Marc Whitehead & Associates to have one of our experienced LTD insurance attorneys evaluate your claim at no cost to you.
Successful Social Security Claims for Asthma Disability
If your initial claim was denied by the Social Security Administration, Marc Whitehead & Associates are here to help you appeal the denial.
If your asthma condition can be shown to meet or equal the degree of severity as described in the SSA Listing of Impairments, also known as the “Blue Book”, you will qualify for Social Security disability payments. Asthma is listed in the Blue Book under Respiratory System section 3.03, Asthma, and has two parts: A and B. You should be considered eligible for SSA disability benefits if you meet either part.
Section 3.03A states that anyone diagnosed with chronic asthmatic bronchitis will be evaluated under the listing 3.02A (Chronic Pulmonary Insufficiency, which includes COPD) – please read about COPD here.
Section 3.03B states that the applicant must have experienced exacerbations or complications related to their asthma requiring three hospitalizations within a 12-month period and at least 30 days apart (the 12-month period must occur within the period we are considering in connection with your application or continuing disability review). Each of these hospitalizations must last at least 48 hours, including hours in a hospital emergency department immediately before the hospitalization.
The Social Security Administration’s determination is usually based on two factors: whether your asthma prevents you from working; and if your condition has lasted or is expected to last for a minimum of one year, or to result in death. They put a major emphasis on medical reports and historical documentation when deciding whether to grant disability benefits for asthma. The importance of these records makes it essential to build strong partnerships with your doctor and other health care providers.
Even if an asthma victim does not entirely meet the requirements as detailed in the SSA listings – they may still qualify for Social Security disability compensation due to vocational and many other factors. Attorney Marc Whitehead is Board Certified in Social Security Law, and can help you by preparing a strong legal case that shows your disability meet the standards.
Help for Veterans Claiming VA Disability Benefits for Asthma
Many soldiers return home from deployment suffering multiple disorders, contracted from all regions of the world. Exposure to a multitude of agents – toxins, viral infections, micro-particles, oil well fire smoke, biological or chemical weapons hit during air and ground offensives, and CARC (a coating required on all combat and combat support equipment that resists chemical warfare agents) – can lead to disabling respiratory diseases including severe asthma.
To determine whether your service-connected asthma qualifies for Veterans disability, the VA uses their guide called the Schedule for Rating Disabilities. This manual contains an exhaustive list of medical conditions and hundreds of diagnostic codes. Asthma is listed in the Schedule as a disabling condition under the Subpart B, Disability Ratings – The Respiratory System.
The VA rating schedule is used to evaluate the severity of a veteran’s asthma disability and symptoms according to loss of function, categorized by body systems, and the impact the disease has on their ability to hold down a job and earn a living.
Don’t be surprised if your claim is denied. Denied VA disability claims for asthma aren’t unusual. If your claim has been denied, you have the right to file an appeal – and our attorneys are well-prepared to help you. Marc Whitehead & Associates are accredited Veterans Attorneys with decades of experience helping our military personnel obtain their rightful, indispensable disability benefits.
Make Sure You Take the Right Steps to Win Your Claim for Asthma Disability Benefits
Don’t make the common mistakes that could cost you the LTD benefits you deserve. You’re more likely to get your claim approved when you’re represented by an experienced, accredited LTD disability attorney. Marc Whitehead & Associates have been helping disabled workers and veterans all over the US obtain the LTD benefits they are qualified for, even after their claims had been denied. Contact us online or call 800-562-9830 to request a free consultation with one of our disability benefits lawyers. We will fully review the legal, medical and vocational issues of your case, as well as your ability to survive in the workplace. If your claim was denied, we can determine why and help you submit a winning appeal.